Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

327A.02 STATUTORY WARRANTIES.
    Subdivision 1. Warranties by vendors. In every sale of a completed dwelling, and in every
contract for the sale of a dwelling to be completed, the vendor shall warrant to the vendee that:
(a) during the one-year period from and after the warranty date the dwelling shall be free
from defects caused by faulty workmanship and defective materials due to noncompliance with
building standards;
(b) during the two-year period from and after the warranty date, the dwelling shall be free
from defects caused by faulty installation of plumbing, electrical, heating, and cooling systems
due to noncompliance with building standards; and
(c) during the ten-year period from and after the warranty date, the dwelling shall be free
from major construction defects due to noncompliance with building standards.
    Subd. 2. Warranties to survive passage of title. The statutory warranties provided in this
section shall survive the passing of legal or equitable title in the dwelling to the vendee.
    Subd. 2a. Remedies unaffected by corporate dissolution. The statutory warranties
provided in this section are not affected by the dissolution of a vendor or home improvement
contractor that is a corporation or limited liability company.
    Subd. 3. Home improvement warranties. (a) In a sale or in a contract for the sale of home
improvement work involving major structural changes or additions to a residential building, the
home improvement contractor shall warrant to the owner that:
(1) during the one-year period from and after the warranty date the home improvement shall
be free from defects caused by faulty workmanship and defective materials due to noncompliance
with building standards; and
(2) during the ten-year period from and after the warranty date the home improvement shall
be free from major construction defects due to noncompliance with building standards.
(b) In a sale or in a contract for the sale of home improvement work involving the installation
of plumbing, electrical, heating or cooling systems, the home improvement contractor shall
warrant to the owner that, during the two-year period from and after the warranty date, the home
improvement shall be free from defects caused by the faulty installation of the system or systems
due to noncompliance with building standards.
(c) In a sale or in a contract for the sale of any home improvement work not covered by
paragraph (a) or (b), the home improvement contractor shall warrant to the owner that, during
the one-year period from and after the warranty date, the home improvement shall be free from
defects caused by faulty workmanship or defective materials due to noncompliance with building
standards.
    Subd. 4. Response from vendor to notice of claim. (a) Following notice under section
327A.03, the vendee must allow an inspection and opportunity to offer to repair the known loss or
damage. Upon request of the vendee, a court may order the vendor to conduct the inspection.
The inspection must be performed and any offer to repair must be made in writing to the vendee
within 30 days of the vendor's receipt of the written notice required under section 327A.03, clause
(a), alleging loss or damage. The applicable statute of limitations is tolled from the date the
written notice provided by the vendee is postmarked, or if not sent through the mail, received by
the vendor until the earliest of the following:
(1) the date the vendee rejects the vendor's offer to repair;
(2) the date the vendor rejects the vendee's claim in writing;
(3) failure by the vendor to make an offer to repair within the 30-day period described in
this subdivision; or
(4) 180 days.
For purposes of this subdivision, "vendor" includes a home improvement contractor.
(b) Upon completion of repairs as described in an offer to repair, the vendor must provide the
vendee with a list of the repairs made and a notice that the vendee may have a right to pursue
a warranty claim under this chapter. Provision of this statement is not an admission of liability.
Compliance with this subdivision does not affect any rights of the vendee under this chapter.
History: 1977 c 65 s 2; 1981 c 119 s 6; 2001 c 207 s 9,10; 2006 c 202 s 5,6